Case 4:21-cv-00251-RCC Document 1 Filed 06/23/21 Page 1 of 20
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`Sarah Uhlemann (DC Bar No. 501328)*
`Tanya Sanerib (DC Bar No. 473506)*
`Center for Biological Diversity
`2400 NW 80th Street, #146
`Seattle, WA 98117
`Phone: (206) 327-2344
` (206) 379-7363
`Email: suhlemann@biologicaldiversity.org
`tsanerib@biologicaldiversity.org
`*Pro Hac Vice Admission Pending
`
`Attorneys for Plaintiff Center for Biological Diversity
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF ARIZONA
`TUCSON DIVISION
`
`
`
`Center for Biological Diversity,
`
`
`
`
`Case No.
`
`
`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF
`
`Plaintiff,
`
`
`
`v.
`
`
`U.S. Fish and Wildlife Service; and
`Debra Haaland, in her official capacity
`as Secretary of the U.S. Department of
`the Interior,
`
`
`Defendants.
`
`
`INTRODUCTION
`1.
`Plaintiff Center for Biological Diversity challenges the failure of the U.S.
`Fish and Wildlife Service and the Secretary of the Interior Debra Haaland (collectively
`“the Service” or “Defendants”) to make required, 12-month findings as to whether seven
`foreign wildlife species “warrant” listing under the Endangered Species Act (“ESA”).
`These species have been on the Service’s “candidate” list awaiting ESA protections for
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`Case 4:21-cv-00251-RCC Document 1 Filed 06/23/21 Page 2 of 20
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`decades, even though the Service has acknowledged that each qualifies for full ESA
`listing.
`2.
`The Okinawa woodpecker, Kaiser-i-hind swallowtail, Jamaican kite
`swallowtail, black-backed tanager, Harris’ mimic swallowtail, fluminense swallowtail,
`and the southern helmeted curassow are each in danger of or threatened with extinction.
`All seven species are impacted by habitat destruction and six are collected for trade or
`hunted.
`3.
`The Okinawa woodpecker is medium-sized, brown bird that inhabits only
`Okinawa, Japan. The International Union for the Conservation of Nature (“IUCN”), a
`respected, scientific organization that maintains the “RedList” inventory of species’
`conservation statuses, assessed the woodpecker as “Critically Endangered,” as only
`between 50 and 249 mature individual Okinawa woodpeckers likely remain. The
`Okinawa woodpecker is threatened by habitat loss, and most of its remaining habitat
`occurs within a U.S. Marine Corps installation on Okinawa Island.
`4.
`The Kaiser-i-hind swallowtail is a rare, green and orange butterfly that
`inhabits high-altitude forests in the Himalayan regions. IUCN has assessed the species as
`“Near Threatened” from habitat loss and collection for trade. The butterfly is advertised
`for sale online in the United States.
`5.
`The blue-green and black Jamaican kite swallowtail is considered Jamaica’s
`most endangered butterfly. It is threatened by habitat loss and collection for trade, with a
`single specimen recently selling for $178. IUCN has assessed the Jamaican kite
`swallowtail as “Vulnerable.”
`6.
`The black-backed tanager is a colorful bird with touches of turquoise, dark
`blue, and orange that is native to Brazil’s coastal Atlantic Forest region. IUCN has
`classified the tanager as “Vulnerable” due to loss and destruction of the species’ habitat,
`and the species is collected for the illegal bird trade.
`7.
`The Harris’ mimic swallowtail is a medium-sized, mostly black butterfly
`with white and rose-red markings. The species is endemic to Brazil’s coastal Atlantic
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`Forest region and is threatened by habitat destruction. Collection and trade also threaten
`the species. Specimen have been advertised online for sale for up to $2,200 USD.
`8.
`The fluminense swallowtail is a black and white butterfly with dusty rose
`and bright pink/red markings. Also inhabiting the coastal Atlantic Forest region of Brazil,
`the species is threatened by habitat degradation and is also collected for trade. Specimens
`of this butterfly have been advertised for sale online for up to $700. IUCN has classified
`the fluminense swallowtail as “Vulnerable.”
`9.
`The southern helmeted curassow is a ground bird endemic to central
`Bolivia. The bird has black feathers and a large, distinctive, blue casque on its head. The
`curassow is threatened by hunting and habitat destruction and was proposed for listing
`under the Convention on International Trade in Endangered Species (“CITES”) in 1997.
`CITES, CoP10, Prop. 10.39. IUCN has classified the southern helmeted curassow as
`“Critically Endangered.”
`10. However, none of the seven species are currently protected under the U.S.
`Endangered Species Act and have not been afforded the ESA’s protections.
`11.
`The ESA allows interested parties to “petition” to list species as threatened
`or endangered and sets specific deadlines by which Defendants must respond. 16 U.S.C.
`§ 1533(b)(3).
`12.
`The Service received ESA petitions to list the (1) Okinawa woodpecker in
`1980; (2) black-backed tanager and southern helmeted curassow in 1991; and (3) Kaiser-
`i-hind swallowtail, Jamaican kite swallowtail, Harris’ mimic swallowtail, and fluminense
`swallowtail in 1994.
`13.
`The ESA requires Defendants to determine if listing is warranted within 12
`months of receiving a listing petition. 16 U.S.C. § 1533(b)(3)(B); 50 C.F.R.
`§ 424.14(h)(2) (2021). This determination is referred to as a “12-month finding.” If the
`Service finds listing “is warranted,” the ESA requires the Service to “promptly” propose
`listing for the species. 16 U.S.C. § 1533(b)(3)(B)(ii).
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`14. However, instead of proposing much-needed ESA protections for the seven
`species, the Service has continually determined the species’ listings are “warranted” but
`nonetheless “precluded” by the Service’s work on other listing actions.
`15.
`If the Service makes a “warranted but precluded” finding, the ESA requires
`the agency to reconsider the petition and issue a new determination of whether listing is
`warranted within 12 months. 16 U.S.C. § 1533(b)(3)(C)(i); 50 C.F.R. § 424.14(h)(3).
`Thus, each warranted but precluded finding triggers a new requirement for a 12-month
`finding.
`16.
`For the seven species, the Service most recently found that listing was
`warranted but precluded on October 10, 2019. New 12-month findings were due for each
`species by October 10, 2020, over eight months ago.
`17. Accordingly, the Service has failed to meet the ESA statutory deadline and
`is violating the ESA.
`18.
`Through this Complaint, Plaintiff seeks a declaratory judgment that
`Defendants have violated and continue to violate the ESA by failing to issue a new, 12-
`month finding for the seven species, an injunction compelling the Service to issue a 12-
`month finding for each species by a date certain, and Plaintiff’s attorneys’ fees and costs.
`JURISDICTION AND VENUE
`19.
`This Court has subject matter jurisdiction over this action pursuant to 16
`U.S.C. § 1540(c) and (g)(1)(C) (actions arising under the ESA’s citizen suit provision),
`28 U.S.C. § 1331 (actions arising under the laws of the United States), and 28 U.S.C. §
`1346 (actions against the United States).
`20.
`This action arises under the ESA, 16 U.S.C. §§ 1531–1544, and the
`requested relief is authorized under 16 U.S.C. § 1540(g) (ESA), 28 U.S.C. § 2201
`(declaratory relief), 28 U.S.C. § 2202 (injunctive relief), and the Court’s equitable
`powers.
`21.
`§ 1540(g).
`
`The ESA waives the federal government’s sovereign immunity. 16 U.S.C.
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`22.
`Plaintiff sent formal notice to Defendants of its intent to file suit under the
`ESA on February 3, 2021, more than 60 days prior to filing this Complaint, consistent
`with the ESA’s requirements. 16 U.S.C. § 1540(g)(2).
`23. Defendant Secretary of the Interior received a copy of Plaintiff’s notice
`letter, directed to Mr. Scott de la Vega, then Acting Secretary of the U.S. Department of
`the Interior, via certified mail on February 12, 2021. Defendant U.S. Fish and Wildlife
`Service also received a copy of Plaintiff’s notice letter, directed to Ms. Martha Williams,
`Principal Deputy Director of the U.S. Fish and Wildlife Service, via certified mail on
`February 12, 2021.
`24. On March 29, 2021, the Service sent a letter, acknowledging receipt of
`Plaintiff’s notice letter.
`25. Defendants have not remedied their continuing ESA violations as of the
`date of this Complaint. Therefore, an actual controversy exists between the Parties under
`28 U.S.C. § 2201.
`26. Venue is proper in the District of Arizona under 28 U.S.C. § 1391(e)
`because this is an action against agencies and officers of the United States and Plaintiff
`maintains its principal place of business in this judicial district.
`27. Assignment of this case to the Tucson Division of this Court is appropriate
`because Plaintiff has its principal place of business in Pima County. LR Civ 77.1(a), (c).
`PARTIES
`
`A.
`
`Plaintiff
`28.
`Plaintiff Center for Biological Diversity (“the Center”) is a 501(c)(3)
`nonprofit corporation incorporated in the State of California. The Center maintains
`offices across the country, including in Washington, D.C.; California; Arizona; Oregon;
`Florida; and Washington State, and in Baja California Sur, Mexico, as well as other
`locations. The Center works through science and environmental law to advocate for the
`protection of endangered, threatened, and rare species and their habitats. The Center’s
`International Program works to protect global biodiversity by using U.S. and
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`international law to protect imperiled species wherever they are found. The Center has
`nearly 84,300 active members and approximately 1.7 million online activists living in the
`United States and other nations.
`29.
`Plaintiff’s members and supporters derive professional, scientific,
`educational, recreational, conservation, aesthetic, and other benefits from viewing
`wildlife in the wild, including the seven species at issue in this case. Plaintiff’s members
`regularly visit or have concrete plans to visit habitat for each of the seven species.
`30.
`For example, Mr. Brett Hartl is a Center member and avid traveler who
`regularly looks for, photographs, and records videos of wildlife both in the United States
`and globally. Mr. Hartl has observed hundreds of mammal species and thousands of bird
`species around the world and has a life goal of seeing many more mammals, birds, and
`other wildlife species, including butterflies.
`31. Mr. Hartl has booked a trip to Bhutan and India for February 2022,
`specifically to look for and photograph wildlife. He will be traveling throughout several
`regions of Bhutan and the Himalayan region of India, including in the habitat of the
`Kaiser-i-hind swallowtail, with knowledgeable wildlife guides. While there, he will be
`looking to see the Kaiser-i-hind swallowtail, among other imperiled wildlife species, to
`photograph, document, and enjoy.
`32. Mr. Hartl has visited Jamaica and the habitat of the Jamaican kite
`swallowtail. During his trip, which took place in March 2020, Mr. Hartl visited the
`mountainous regions on both the western and eastern sides of the island, looking for
`wildlife, including birds and butterflies. However, he was unable to see several of the
`species he had hoped to view because his trip was cut short due to the pandemic. Mr.
`Hartl plans to return to Jamaica in three years to once again attempt to see several rare
`Jamaican species, including the Jamaican kite swallowtail.
`33. Mr. Hartl also has specific plans to visit Brazil in August 2023. While he
`will spend most of his trip viewing species in the Brazilian Pantanal, Mr. Hartl plans to
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`spend a few days visiting the coastal Atlantic Forest region to view species, including the
`black-backed tanager, fluminense swallowtail, and Harris’ mimic swallowtail.
`34. Center member Peter Galvin frequently visits the island of Okinawa, Japan,
`to view wildlife. Mr. Galvin has been to Okinawa five times and saw an Okinawa
`woodpecker on one of these visits. He is planning his sixth visit to Okinawa in December
`2022. While there, Mr. Galvin will visit the habitat of the Okinawa woodpecker and other
`rare wildlife and search for woodpeckers while there.
`35. Celina Yoshihara is a Center member who lives in Bertioga, located in the
`coastal Atlantic Forest region of southeastern Brazil. Ms. Yoshihara works as a
`Coordinator at a protected area within the habitat of the black-backed tanager, where she
`surveys local species through catch, biomonitoring, and release and assists with wildlife
`rehabilitation. Ms. Yoshihara has been involved in dozens of catch-and-release events for
`black-backed tanagers over her career. She has also personally assisted in rehabilitation
`of several black-backed tanagers brought in by authorities, all likely caught for breeding
`to supply the illegal pet trade. She enjoys viewing and studying the birds and plans to
`continue her work with the species in the future.
`36. Center member Salvatore Sicialiano lives in Rio de Janeiro, Brazil, and
`works as a biologist with a general focus on zoology and specific focus on marine
`mammalogy. His family has owned a home near Cabo Frio for decades, where Mr.
`Sicialiano regularly spends his weekends. His family home is within the habitat of the
`fluminense swallowtail, and Mr. Sicialiano sees fluminense swallowtail butterflies
`regularly, usually about once a year. Mr. Sicialiano also visits the habitat of the Harris’
`mimic swallowtail regularly, which is near his family home, both for his field work and
`for personal reasons. He plans to continue to look for both butterflies in his regular visits
`to their habitats in the future.
`37.
`Tjalle Boorsma is a Center member who lives in Sierra Cruz de la Sierra in
`central Bolivia. Mr. Tjalle has had a life-long passion for birds, including watching and
`studying them. Mr. Tjalle works for Asociación Armonía, a non-profit organization
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`dedicated to protecting Bolivia’s natural heritage while supporting local communities. He
`is working with the organization’s Horned Curassow Program to develop a conservation
`plan for the southern helmeted curassow. Mr. Tjalle visited the southern helmeted
`curassow’s habitat in 2018 and plans to return this year to assist with a population survey
`that Armonía will be conducting.
`38. Center members will enjoy their visits to the habitat of the seven species
`less and see fewer individuals of the species, as the species’ populations continue to
`decline due to habitat destruction, collection, trade, hunting, actions by the U.S.
`government, and other impacts.
`39. Defendants’ violations have directly, adversely, and irreparably harmed
`Plaintiff and its members’ interests in the seven species addressed in this Complaint. This
`harm is ongoing and will continue unless and until this Court provides the relief prayed
`for in this Complaint.
`40.
`The relief sought in this Complaint would redress Plaintiff’s injuries. ESA
`listings would provide the seven species with important protections and benefits. The
`ESA generally bans the import, export, and sale in interstate and foreign commerce of
`endangered species, 16 U.S.C. § 1538(a), and requires the Service to issue regulations
`deemed “necessary and advisable” for the conservation of threatened species. Id.
`§ 1533(d).
`41.
`The ESA also provides for international cooperation in the conservation of
`foreign species. The statute requires the Service to, inter alia, “encourage foreign
`countries to provide for the conservation of . . . species listed” under the ESA and to
`“enter[ ] into . . . bilateral or multilateral agreements with foreign countries to provide for
`such conservation.” 16 U.S.C. § 1537(b)(1), (2).
`42.
`ESA listings also increase awareness of imperiled species and their threats.
`ESA listings stimulate research efforts to address conservation needs. ESA listing
`increases funding for conservation of species in their range countries, including habitat
`conservation. Under the ESA, the Service provides financial assistance for programs to
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`conserve listed species in foreign countries, encourages conservation programs for such
`species, and offers other related assistance, such as personnel and training.
`B.
`Defendants
`43. Defendant U.S. Fish and Wildlife Service (“the Service”) is an agency
`within the Department of the Interior. The Secretary of the Interior has delegated to the
`Service the authority to administer the ESA for many wildlife species, including the
`responsibility of complying with the ESA’s mandatory listing deadlines. 50 C.F.R.
`§ 402.01(b). This authority includes issuing listing determinations for the Okinawa
`woodpecker, Kaiser-i-hind swallowtail, Jamaican kite swallowtail, black-backed tanager,
`Harris’ mimic swallowtail, fluminense swallowtail, and southern helmeted curassow. The
`Service is responsible for the violations alleged in this Complaint.
`44. Defendant Debra Haaland is the Secretary of the U.S. Department of the
`Interior. In this capacity, Secretary Haaland directs all business of the Department.
`Pursuant to the ESA, Secretary Haaland is responsible for determining whether species
`are endangered or threatened and for promulgating regulations to list and protect those
`species. In her official capacity, Secretary Haaland is responsible for the violations
`alleged in this Complaint.
`
`LEGAL BACKGROUND
`45. Recognizing that endangered and threatened species are of “esthetic,
`ecological, educational, historical, recreational, and scientific value to the Nation and its
`people,” Congress enacted the Endangered Species Act (“ESA”) in 1973 “to provide a
`program for the conservation of” these species. 16 U.S.C. § 1531(a)(3), (b).
`46.
`Thus, Section 4 of the ESA requires the Secretary of the Interior to
`determine whether any species is “endangered” or “threatened,” and if so, list the species
`under the ESA. 16 U.S.C. § 1533(a), (c). The Secretary has delegated administration of
`the ESA to the Service for many species. 50 C.F.R. § 402.01(b).
`47. A “species” includes “any subspecies of fish or wildlife or plants.” 16
`U.S.C. § 1532(16). An “endangered” species is any species that “is in danger of
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`extinction throughout all or a significant portion of its range.” Id. § 1532(6). A
`“threatened” species is any species that “is likely to become an endangered species within
`the foreseeable future throughout all or a significant portion of its range.” Id. § 1532(20).
`48.
`The Service must determine whether any species is endangered or
`threatened due to the following factors: “(A) the present or threatened destruction,
`modification, or curtailment of its habitat or range; (B) overutilization for commercial,
`recreational, scientific, or educational purposes; (C) disease or predation; (D) the
`inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors
`affecting its continued existence.” 16 U.S.C. § 1533(a)(1); 50 C.F.R. § 424.11(c). The
`Service must make this determination “solely on the basis of the best scientific and
`commercial data available to [the agency] after conducting a review of the status of the
`species.” 16 U.S.C. § 1533(b)(1)(A); 50 C.F.R. § 424.11(b).
`49. Certain protections apply once a species is listed under the ESA.
`50.
`Section 7(a) of the ESA requires that each federal agency “shall . . . utilize
`[its] authorities . . . [to] carry[ ] out programs for the conservation” of listed threatened
`and endangered species. 16 U.S.C. § 1536(a)(1).
`51.
`If a species is listed as “endangered,” Section 9 of the ESA prohibits any
`person from, among other things, (1) importing or exporting the species, (2) transporting
`the species “in the course of a commercial activity” in either interstate or foreign
`commerce, (3) selling or offering for sale the species in interstate or foreign commerce,
`and (4) violating any relevant ESA regulation, unless exceptions apply. 16 U.S.C.
`§ 1538(a)(1).
`52.
`If the Service lists a species as threatened, the Service “shall issue such
`regulations as [it] deems necessary and advisable to provide for the conservation of such
`species,” and the agency may prohibit any act under Section 9 of the ESA. 16 U.S.C.
`§ 1533(d).
`53.
`Further, the ESA authorizes the Service to provide financial and other
`assistance for programs that conserve foreign, ESA-listed species. 16 U.S.C. § 1537(a).
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`The ESA also authorizes and directs the Service through the U.S. Secretary of State to
`encourage foreign nations to conserve listed species and enter the United States into
`treaties and other agreements to provide for conservation. Id. § 1537(b)(1), (2).
`54.
`To ensure the timely protection of species, Congress established a detailed
`and time-bound process whereby citizens may petition the Service to list a species as
`endangered or threatened and the Service must respond. 16 U.S.C. § 1533(b)(3).
`55. Any interested person may submit a petition requesting the Service to list a
`species. 50 C.F.R. § 424.14(a).
`56.
` “To the maximum extent practicable, within 90 days after receiving the
`petition of an interested person,” the Service must make an initial finding “as to whether
`the petition presents substantial scientific or commercial information indicating that the
`petitioned action may be warranted.” 16 U.S.C. § 1533(b)(3)(A); 50 C.F.R.
`§ 424.14(h)(1). This is referred to as a “90-day finding.” If the Service makes a positive
`90-day finding, the agency must “promptly commence a review of the status of the
`species concerned.” 16 U.S.C. § 1533(b)(3)(A); 50 C.F.R. § 424.14(h)(2).
`57.
`Then, within 12 months of receiving the petition, the Service must make a
`“12-month finding.” Specifically, the Service must make one of three findings: (1) the
`petitioned action is “not warranted;” (2) the petitioned action “is warranted,” in which
`case the Service must promptly propose a rule to list the species; or (3) the petitioned
`action is “warranted[ ] but . . . precluded” by other pending proposals to determine
`whether other species qualify for protection. 16 U.S.C. § 1533(b)(3)(B); 50 C.F.R.
`§ 424.14(h)(2).
`58.
`To make a warranted but precluded finding, the Service must demonstrate it
`is making “expeditious progress” to either list or delist other species. 16 U.S.C.
`§ 1533(b)(3)(B)(iii); 50 C.F.R. § 424.14(h)(2)(iii). The Service must promptly publish the
`finding in the Federal Register along with “a description and evaluation of the reasons
`and data on which the finding is based.” 16 U.S.C. § 1533(b)(3)(B)(iii); 50 C.F.R.
`§ 424.14(h)(2)(iii).
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`59.
`If the Service issues a warranted but precluded finding, the Service must
`treat the original petition for listing as though it had been resubmitted on the date the
`Service issued that finding. 16 U.S.C. § 1533(b)(3)(C)(i). Accordingly, within 12 months
`of a warranted but precluded finding, the Service must reconsider the petition and issue a
`new finding as to whether the petitioned action is warranted. 50 C.F.R. § 424.14(h)(3).
`60.
`The Service refers to species that have received a warranted but precluded
`finding as “candidate” species. In making the required, subsequent, 12-month findings for
`the candidate species, the Service often issues a Federal Register notice called a
`“Candidate Notice of Review,” in which the Service makes 12-month findings for several
`candidate species in one document.
`61.
`The ESA’s strict protections do not safeguard species at risk of extinction
`until the Service lists the species as endangered or threatened. It is critical that the Service
`strictly comply with the Act’s listing procedures and deadlines to ensure species are listed
`in a timely manner.
`
`A.
`
`FACTUAL BACKGROUND
`The Seven Imperiled Species
`1.
`Okinawa woodpecker
`62.
`The Okinawa woodpecker (Dendrocopos noguchii) is a relatively large bird
`found only on Okinawa Island in Japan. 84 Fed. Reg. 54,732, 54,745 (Oct. 10, 2019). The
`woodpecker prefers undisturbed and mature subtropical evergreen broadleaf forests in the
`northern part of Okinawa Island. Id.
`63. Most of the Okinawa woodpecker’s habitat occurs within the U.S. Jungle
`Warfare Training Center, part of a U.S. Marine Corps installation on Okinawa Island. 84
`Fed. Reg. 54,732, 54,745 (Oct. 10, 2019).
`64.
`The International Union for Conservation of Nature (“IUCN”) has deemed
`the species “Critically Endangered.” IUCN’s RedList Assessment estimates that only 50–
`249 mature individuals remain.
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`65.
`The Okinawa woodpecker population is believed to be declining. 84 Fed.
`Reg. 54,732, 54,745 (Oct. 10, 2019).
`66.
`The main cause of the Okinawa woodpecker’s population decline is
`reduced habitat and deforestation. 84 Fed. Reg. 54,732, 54,745 (Oct. 10, 2019). By the
`mid-1990s, only 15 square miles of suitable habitat remained for the species. Id.
`67.
`The Service considers the threats to the Okinawa woodpecker to be
`imminent and high in magnitude. 84 Fed. Reg. 54,732, 54,745–46 (Oct. 10, 2019).
`2.
`Kaiser-i-hind swallowtail
`68.
`The Kaiser-i-hind swallowtail (Teinopalpus imperialis) is large, ornate, and
`green, black, and orange in color. 84 Fed. Reg. 54,732, 54,750 (Oct. 10, 2019). The
`butterfly inhabits the Himalayan regions of Bhutan, China, India, Laos, Myanmar, Nepal,
`Thailand, and Vietnam, preferring undisturbed, high-altitude forests. Id.
`69. Although the Kaiser-i-hind swallowtail has a relatively large range, it
`occurs only locally within this range and is restricted to higher elevations. 84 Fed. Reg.
`54,732, 54,750 (Oct. 10, 2019). It is generally considered rare. Id.
`70. Habitat destruction and disturbance is one of the primary, ongoing threats
`to the species. 84 Fed. Reg. 54,732, 54,750–51 (Oct. 10, 2019).
`71. Collection for commercial trade also threatens the Kaiser-i-hind
`swallowtail. The butterfly is highly valued and is collected and traded despite restrictions.
`72.
`The Kaiser-i-hind swallowtail is included in Appendix II of the Convention
`on International Trade in Endangered Species (“CITES”). The CITES database
`documents trade in the species, including imports of wild-sourced specimen into the
`United States.
`73.
`The species remains available for purchase online in the United States. For
`example, on June 15, 2021, a Kaiser-i-hind swallowtail was available to purchase on
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`eBay for $320 USD.1 A specimen of the butterfly was also for sale on the website Aureus
`for €1,450 (around $1,750 USD).2
`74.
`IUCN assessed the Kaiser-i-hind swallowtail as “Near Threatened” in 1996.
`However, IUCN indicates that its assessment needs updating. 84 Fed. Reg. 54,732,
`54,751 (Oct. 10, 2019).
`75.
`The Service considers the Kaiser-i-hind swallowtail’s threats to be
`imminent and of moderate magnitude. 84 Fed. Reg. 54,732, 54,751 (Oct. 10, 2019).
`3.
`Jamaican kite swallowtail
`76.
`The Jamaican kite swallowtail (Protographium marcellinus, syn. Eurytides
`marcellinus) is a small, blue-green and black butterfly. 84 Fed. Reg. 54,732, 54,750 (Oct.
`10, 2019).
`77.
`The species is considered to be Jamaica’s most endangered butterfly. 84
`Fed. Reg. 54,732, 54,750 (Oct. 10, 2019). There is no estimate of the species’ population
`size. Id. Subpopulations are known from five sites; two of these subpopulations may have
`been recently extirpated and one subpopulation is tenuous. Id. Thus only two
`subpopulations may be currently viable. Id.
`78.
`The species relies on rare, dense stands of a single host plant. 84 Fed. Reg.
`54,732, 54,750 (Oct. 10, 2019).
`79.
`The Jamaican kite swallowtail is threatened by habitat degradation,
`fragmentation, and loss. 84 Fed. Reg. 54,732, 54,750 (Oct. 10, 2019).
`80. Collection and trade also threaten the species.
`
`
`1See eBay, PA4495. Unmounted butterflies: Teinopalpus imperialis. Central Vietnam.
`Over 2000m,
`https://www.ebay.com/itm/372674449266?hash=item56c520cf72%3Ag%3AVpgAAOS
`wfrJc1oJ8&mkevt=1&mkcid=1&mkrid=711-53200-19255-
`0&campid=5338795919&customid=&toolid=10049 (last visited June 16, 2021).
`2 See Aureus, Teinopalpus imperialis ssp. imperialis female, https://www.aureus-
`butterflies.de/Teinopalpus-imperialis-ssp-imperialis-female (last visited June 15, 2021).
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`81.
`In 2017, three specimens of the Jamaican kite swallowtail were noted for
`sale on the internet for as much as $120 USD. 84 Fed. Reg. 54,732, 54,750 (Oct. 10,
`2019). In 2015, one specimen sold for $178 USD. Id.
`82.
`The butterfly remains available for purchase online in the United States.
`For example, the website The Insect Collector advertised the Jamaican kite swallowtail
`for sale on June 16, 2021, for €150 (around $180 USD).3
`83.
`IUCN has assessed the Jamaican kite swallowtail as “Vulnerable” since
`1985 but notes that its assessment needs updating. 84 Fed. Reg. 54,732, 54,750 (Oct. 10,
`2019).
`84.
`The Service considers the threats to the Jamaican kite swallowtail to be
`imminent and of high magnitude. 84 Fed. Reg. 54,732, 54,750 (Oct. 10, 2019).
`4.
`Black-backed tanager
`85.
`The black-backed tanager (Tangara peruviana) inhabits the coastal Atlantic
`Forest region of southeastern Brazil, in the States of Espirito Santo, Rio de Janeiro, São
`Paulo, Paranà, Santa Catarina, and Rio Grande do Sul. 84 Fed. Reg. 54,732, 54,747 (Oct.
`10, 2019). The tanager is restricted to restinga sand-forest habitat. Id.
`86.
`The species’ population estimate is only between 2,500 and 9,999
`individuals. 84 Fed. Reg. 54,732, 54,747 (Oct. 10, 2019). Populations are small,
`fragmented, and declining. Id.
`87.
`The black-backed tanager is threatened by habitat loss, destruction, and
`fragmentation primarily from development, and rising sea levels will contribute to this
`threat. 84 Fed. Reg. 54,732, 54,747 (Oct. 10, 2019).
`88.
`The black-backed tanager is found in the illegal pet trade.
`89.
`IUCN has assessed the black-backed tanager as Vulnerable.
`
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`3 The Insect Collector, Protographium marcellinus,
`https://www.theinsectcollector.com/acatalog/info_346.html (last visited June 16, 2021).
`The website indicates the specimen was “SOLD;” however, a user may place an order for
`specimens once collected. Id.
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`90.
`The Service considers the threats to the black-backed tanager to be
`imminent and of moderate magnitude. 84 Fed. Reg. 54,732, 54,747 (Oct. 10, 2019).
`5.
`Harris’ mimic swallowtail
`91.
`The Harris’ mimic swallowtail (Mimoides lysithous harrisianus) is a
`subspecies that is mostly black with white and rose-red markings.
`92.
`The subspecies inhabits the restinga sand-forest habitat within Brazil’s
`coastal At